Exton Medical Malpractice Lawyer

Medical errors can have life-changing consequences. If you’ve suffered harm due to a healthcare provider’s negligence, Kingbird Legal is here to help. Our Exton medical malpractice lawyer will fight for the compensation you deserve. Call 484-289-4880 for a free consultation today.

Understanding the Time Limits for Filing a Medical Malpractice Lawsuit in Pennsylvania

When you’ve been harmed by a healthcare provider’s mistake, it can be overwhelming to deal with the emotional, physical, and financial toll of medical malpractice. Beyond the immediate consequences, there’s another important issue to consider: how much time you have to take legal action. In Pennsylvania, like in other states, the law imposes a time limit for filing a medical malpractice lawsuit. This time limit is called the statute of limitations, and it’s critical to understand how it works to ensure your claim is filed within the allowed timeframe.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to meet the standard of care expected in the medical community, resulting in harm to the patient. This can include errors like misdiagnosis, surgical mistakes, medication errors, and failure to properly monitor or treat a condition.

If you believe you’ve been injured by a healthcare provider’s negligence, you may be able to file a medical malpractice lawsuit to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages. However, to pursue such a lawsuit, you must do so within the time limits set by Pennsylvania law.

The Statute of Limitations for Medical Malpractice in Pennsylvania

In Pennsylvania, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the alleged malpractice. This means that you have two years from the date the medical error occurred to file a lawsuit. If you don’t file within this time frame, you will likely lose your right to sue.

It’s important to note that this two-year period is not always straightforward. Several factors can affect when the statute of limitations begins, as well as exceptions that may extend or shorten the time you have to file. Let’s explore these in more detail.

When Does the Clock Start for Filing a Lawsuit?

The general rule is that the statute of limitations begins running on the date the malpractice occurred. For example, if a surgeon makes a mistake during surgery and you discover the error shortly after, the two-year clock starts ticking from the date of the surgery.

However, in some cases, the discovery of malpractice is not immediate. You may not realize you’ve been harmed until weeks, months, or even years later. This is especially common in cases of misdiagnosis, delayed diagnosis, or surgical complications that don’t become apparent right away.

The Discovery Rule

To address situations where a patient doesn’t immediately discover that they’ve been harmed by medical malpractice, Pennsylvania law includes what’s called the discovery rule. Under this rule, the two-year statute of limitations doesn’t begin until the patient discovers or reasonably should have discovered the injury caused by the malpractice.

For example, if a doctor misdiagnoses a patient’s condition, and the patient doesn’t realize the error until much later when their health worsens, the statute of limitations would begin from the date the patient learns of the mistake, rather than the date of the original misdiagnosis.

The discovery rule ensures that patients have an opportunity to pursue legal action even if they don’t immediately realize the harm caused by a medical error. However, it’s important to understand that this rule is not indefinite—Pennsylvania law places an absolute deadline on filing medical malpractice lawsuits, which brings us to the next point.

The 7-Year Limit

Even though the statute of limitations may be extended under the discovery rule, Pennsylvania law imposes an absolute seven-year deadline for filing a medical malpractice lawsuit. This means that no matter when the injury is discovered, you cannot file a lawsuit if more than seven years have passed since the date of the alleged malpractice.

The seven-year limit serves to prevent claims based on events that occurred too far in the past, where evidence may be unavailable, and the parties involved may not have an accurate recollection of the incident.

There are exceptions to this rule in cases involving minors (discussed below), but for most adults, the seven-year cap is the final deadline for filing a medical malpractice claim.

Special Considerations for Minors

If the victim of medical malpractice is a minor (under the age of 18), the statute of limitations works differently. In Pennsylvania, the two-year time limit to file a lawsuit is tolled—or paused—until the child reaches the age of 18. Once the child turns 18, the clock begins running, and the child has two years from that date to file a medical malpractice lawsuit.

However, like all claims, the lawsuit must still be filed within seven years of the date the malpractice occurred. So, even if a child is harmed by medical negligence at the age of 2, they would have until their 20th birthday to file a lawsuit, but not beyond age 25.

Exceptions to the Statute of Limitations

While the two-year statute of limitations is the general rule, there are some important exceptions to be aware of:

Fraud or Concealment of Malpractice: If a healthcare provider deliberately hides their malpractice or misleads the patient about the injury, the statute of limitations may be extended. In such cases, the two-year period may begin only after the patient discovers the fraudulent concealment.
Foreign Objects Left Inside the Body: If a foreign object is left inside a patient’s body during surgery or medical treatment (such as a surgical tool, sponge, or catheter), the statute of limitations may not start until the object is discovered or should have been discovered. This exception is intended to help patients who are unaware of the harm until later.
Military Service Members: In certain cases, military personnel who are serving overseas may be given additional time to file a medical malpractice lawsuit. This exception applies if the patient was unable to file due to military duties preventing them from pursuing the claim.

Why Act Quickly?

It’s important to act quickly if you believe you’ve been the victim of medical malpractice. Beyond the legal time limits, there are practical reasons why early action is beneficial:

Evidence: Medical malpractice cases often require substantial evidence, such as medical records, expert opinions, and witness testimony. The longer you wait, the more difficult it may be to gather this evidence. Witnesses’ memories may fade, and physical evidence could be lost or altered.
Medical Treatment: If you’ve suffered injuries from medical malpractice, prompt legal action can help you secure the compensation you need for ongoing medical treatment and rehabilitation.
Stronger Case: Filing early allows your attorney to begin working on your case sooner. This increases the chances of building a strong case and negotiating a favorable settlement before the case progresses to trial.

Hold Negligent Healthcare Providers Accountable with an Exton Medical Malpractice Attorney

If you believe you have a medical malpractice claim, it’s important to consult with an experienced personal injury attorney as soon as possible. Medical malpractice cases can be complex and require a thorough understanding of both medicine and the law. A knowledgeable lawyer will be able to assess your case, determine the applicable statute of limitations, and help you navigate the legal process. When medical professionals fail to provide proper care, the consequences can be life-altering. Kingbird Legal is ready to fight for justice. Our Exton attorneys are committed to holding doctors and hospitals accountable. Call 484-289-4880 today for a free consultation.